5 U.S. Code § 8346 - Exemption from legal process; recovery of payments

(a) The money mentioned by this subchapter is not assignable, either in law or equity, except under the provisions of subsections (h) and (j) ofsection 8345 of this title, or subject to execution, levy, attachment, garnishment, or other legal process, except as otherwise may be provided by Federal laws.
(b) Recovery of payments under this subchapter may not be made from an individual when, in the judgment of the Office of Personnel Management, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money mentioned by this subchapter on account of a certification or payment made by a former employee of the United States in the discharge of his official duties may be made only if the head of the agency on behalf of which the certification or payment was made certifies to the Office that the certification or payment involved fraud on the part of the former employee.


(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 583; Pub. L. 94–166, § 2,Dec. 23, 1975, 89 Stat. 1002; Pub. L. 95–366, § 1(b),Sept. 15, 1978, 92 Stat. 600; Pub. L. 95–454, title IX, § 906(a)(2), (3),Oct. 13, 1978, 92 Stat. 1224.)

Historical and Revision Notes
Derivation U.S. Code Revised Statutes and Statutes at Large
5 U.S.C. 2265. July 31, 1956, ch. 804, § 401 “Sec. 15”, 70 Stat. 758.

In subsection (b), the words “Notwithstanding any other provision of law” are omitted as unnecessary. The second word of the second sentence “or” is substituted for “of” to correct a printing error.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

1978—Subsec. (a). Pub. L. 95–366substituted references to subsecs. (h) and (j) ofsection 8345 for reference to subsec. (g) ofsection 8345.
Subsec. (b). Pub. L. 95–454substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively.
1975—Subsec. (a). Pub. L. 94–166inserted “except under the provisions of section 8345 (g) of this title,” after “equity”, and “, except as otherwise may be provided by Federal laws” after “process”.
Effective Date of 1978 Amendments

Amendment by Pub. L. 95–454effective 90 days after Oct. 13, 1978, see section 907 ofPub. L. 95–454, set out as a note under section 1101 of this title.
Amendment by Pub. L. 95–366applicable to payments made from Civil Service Retirement and Disability Fund after Sept. 15, 1978, see section 2 ofPub. L. 95–366, set out as a note under section 8345 of this title.

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31 CFR - Money and Finance: Treasury



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